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If you’re running a business or managing a team, understanding Australia’s working hours per week is essential. Whether you’re a startup founder or an established business owner, navigating the legal requirements around working hours can feel complex – but it doesn’t have to be. Getting the basics right doesn’t just keep you compliant with the law; it helps you create a healthy, productive workplace where your staff can thrive.
In this guide, we’ll break down what you need to know about typical Australian work hours, how many hours you can legally require your employees to work, overtime considerations, and best practices for staying on the right side of employment law. We’ll also highlight the practical steps you can take to set your business up for success and avoid common pitfalls around working hours. Let’s get started.
What Is the Standard Working Week in Australia?
If you’re wondering, “How many hours in a working week Australia?” or “What is the standard work week Australia?”, you’re not alone. These are some of the most common questions business owners ask as they grow and begin to employ staff.
In Australia, the standard working week is typically 38 hours for full-time employees. This figure is set out in the National Employment Standards (NES), which are part of the Fair Work Act 2009 (Cth). These standards apply to most employees across Australia, regardless of your business size or industry.
Here’s a quick breakdown:
- Standard work week: 38 hours for full-time staff
- Part-time work: Less than 38 hours, generally as agreed in the employment contract
- Casual employees: Hours are not guaranteed and may vary from week to week
For many businesses, this “standard” forms the basis of wage calculations, leave entitlements, and rostering practices.
How Are Standard Australian Work Hours Set?
Most employment arrangements in Australia use the NES as a baseline. But, employment Modern Awards, Enterprise Agreements (EBAs), and employment contracts can specify different ordinary hours, roster patterns, or span of hours depending on your industry.
Typically:
- Modern Awards (covering many retail, hospitality, construction, and professional sectors) may set standard or varied hours different from the NES, but cannot set less than NES minimums for most entitlements.
- Enterprise Agreements (negotiated directly with workers or unions) can preview flexibility but again cannot undercut NES standards.
- Employment Contracts complement, but do not override, minimum legal standards and Award provisions.
It’s important to check which Modern Award or EBA applies to your staff. If you’re not sure, you can find guidance in our guide to award pay rates and obligations.
How Many Hours Can Employees Work Each Week?
The NES determines that a full-time employee’s standard working hours are 38 per week, but this doesn’t mean you cannot request more – or that it’s illegal to work beyond this limit. However, you must ensure any extra hours are “reasonable” and paid accordingly.
Can I Require Employees to Work More Than 38 or 40 Hours?
Many business owners ask, “Can I work more than 40 hours a week in Australia?” or “Can I require staff to work extra hours if my business gets busy?” The short answer is: it’s possible, but subject to rules.
You can request employees to work reasonable additional hours beyond their ordinary 38 hours per week. What’s “reasonable” depends on factors such as:
- The employee’s personal circumstances (e.g. family responsibilities)
- The needs of your business
- Whether additional hours are in the employment contract or Award/agreement
- Whether notice was given and compensation (e.g. overtime pay, penalty rates)
Employers cannot force unreasonable additional hours and must always compensate for overtime where required under the Award or EBA.
For example, in hospitality or healthcare, working “split shifts” or back-to-back long days might be necessary during busy periods, but Award overtime and penalty rates will usually apply. It’s important to check the relevant Award for your industry.
Is There a Maximum Limit on Weekly Hours?
There’s no absolute “maximum” number of hours under the Fair Work Act, but if you require more than reasonable additional hours, you risk breaching employment law and may face Fair Work claims from staff. If you consistently demand excessive hours, this may even trigger a constructive dismissal or adverse action claim.
How Are Part-Time and Casual Working Hours Handled?
Part-time employees work fewer than 38 hours, on a regular schedule. Their ordinary hours and days are set in their contract. Any hours above their agreed pattern usually attract overtime rates.
Casual employees have no fixed hours and are paid a loading instead of benefits like annual leave, but their work must still be within the bounds set by any applicable Award or EBA, as well as health and safety rules.
What About Overtime, Penalty Rates, and Breaks?
Understanding pay rates, overtime, and breaks is essential to comply with both the NES and Modern Awards, and to ensure staff welfare.
- Overtime: Generally applies when an employee works outside ordinary hours (e.g. beyond 38 per week or outside a standard roster). Overtime rates and thresholds are usually set by Awards or EBAs.
- Penalty rates: Often apply for evening, weekend, or public holiday work and are again spelled out in the relevant Award.
- Breaks: Most Awards set minimum rest breaks during shifts (meal breaks, tea breaks) and between shifts (rest periods).
Some key resources for employers include our guides on Fair Work breaks and penalty rates.
What Are My Legal Obligations as an Employer?
Staying compliant with working hour laws in Australia isn’t just about avoiding fines – it helps you build a positive workplace and keep valuable staff. Here are the key legal areas every employer should understand.
1. National Employment Standards (NES) Compliance
The NES set minimum terms and conditions for most employees in Australia, including maximum weekly hours, leave entitlements, notice periods, and more. The NES override any less generous term in an Award, EBA, or contract.
2. Modern Awards and Enterprise Agreements
Most employees are covered by a Modern Award – a legally binding document that sets out minimum pay and working conditions for specific roles and industries. EBAs can supplement or sometimes replace Modern Awards, but either way, you need to be aware of and comply with these rules.
You can read more about how Awards work in our Award wages guide.
3. Employment Contracts and Workplace Policies
All staff should have a written employment contract that clearly sets out their ordinary working hours and overtime arrangements. It’s also wise to have up-to-date workplace policies that explain rostering, breaks, flexible working requests, and leave.
4. Health and Safety
Long hours and excessive overtime can lead to burnout or safety risks. Under work health and safety (WHS) laws, all employers have a duty of care to provide a safe and healthy workplace, which includes managing fatigue risks linked to working time.
5. Record-Keeping
You are legally required to keep records of every employee’s hours – especially if they’re paid overtime, penalty rates, or have irregular shift patterns. Failing to do so can result in penalties if you’re audited by Fair Work or the ATO.
How Do I Set the Right Working Hours for My Business?
While the national standard sets a baseline, every business is different. You need to consider your industry, operational needs, and staff preferences.
- Set clear rostering practices: Develop a predictable roster so staff know when they’re expected to work. This avoids confusion and legal risk.
- Specify hours in contracts: Clearly state ordinary hours in employment contracts and update if arrangements change.
- Manage overtime properly: Only request additional hours if there’s a genuine operational need and ensure they’re reasonable and compensated.
- Allow for flexibility: Where possible, accommodate flexible hours or reduced work arrangements (like part-time or job sharing) to foster staff loyalty and retention.
For more hands-on HR guidance, see our guide to employee onboarding.
What Legal Documents and Policies Should I Have?
Ensuring your documents and policies match your business’s working hours arrangements is essential – not only for compliance but also for clear communication and dispute prevention.
- Employment Agreement: Sets out agreed hours, overtime arrangements, pay rates, and applicable Modern Award.
- Workplace Policy/Staff Handbook: Explains rostering, requests for flexible work, overtime approval process, and any procedures for requesting time off or swapping shifts.
- Casual Conversion Policy: Since legislative changes, long-term casuals may have a right to request to become permanent – make sure your policy sets out the process.
- Leave Policy: Outlines annual, sick, parental, and other leave rights; must comply with NES and your Award.
- Wage and Overtime Register: A system to keep accurate records of hours worked (this doesn’t need to be a formal document, but should be robust and accessible).
You can explore templates and further details in our employment contract templates guide and workplace policy guide.
Common Pitfalls and Best Practices for Employers
Getting working hours wrong can expose your business to significant risk – wage claims, penalties, morale problems, and even reputational harm. Here are some tips to avoid common traps.
- Don’t assume “salary covers all”: Most employees, even if salaried, are still entitled to overtime unless their contract and Award allow otherwise (e.g., annualised salary arrangements with built-in overtime).
- Watch for hidden overtime: Tasks performed before or after scheduled shifts, or work taken home, may count as paid time under the law.
- Be careful with “volunteering” extra hours: If you’re seen as encouraging unpaid overtime, you may owe back pay or breach wage laws.
- Update policies and contracts for flexible work: The pandemic normalised remote work and flexible hours – ensure your documents reflect current practices.
- Consult staff about hours changes: Sudden changes to hours usually require consultation and, in some cases, written consent or notice under the Fair Work Act.
Our article on the biggest legal mistakes for small business offers further insight on how to avoid headaches in your operations.
Special Topics: Can I Use Flexible or Averaged Working Arrangements?
Some Awards and EBAs allow for “averaging” – where hours are worked flexibly over a period (e.g., 152 hours over 4 weeks, rather than exactly 38 hours per week). You can also use Individual Flexibility Agreements (IFAs) to customise arrangements with staff, but these must leave employees “better off overall” compared to their minimum rights.
Averaging and flexible arrangements are subject to strict rules, so it’s best to get advice from a legal expert before making any changes.
How Can I Stay Compliant With Australian Work Week Hours?
Once you have good systems in place, ongoing compliance is largely about consistency and communication.
- Regularly review contracts, policies, and Awards for changes
- Keep up to date with amendments to the Fair Work Act or Award wage increases
- Train managers on rostering, overtime, and consultation obligations
- Invite feedback from your team and make sure they know how to raise concerns about their hours
Key Takeaways
- The standard full-time Australian work week is 38 hours, but flexibility and industry-specific rules often apply.
- Additional hours are only lawful if they are “reasonable” and compensated (via overtime or penalty rates as required).
- Employers must comply with NES, Modern Awards, contracts, and WHS laws when setting and changing working hours.
- Accurate record-keeping, clear agreements, and up-to-date workplace policies are essential for legal compliance and healthy workplace culture.
- Getting legal advice early can help you manage working hours, avoid disputes, and future-proof your business against costly legal claims.
If you would like a consultation on Australian working hours or want help updating your employment contracts and workplace policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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